LINY THOMAS Vs. DIRECTOR GENERAL OF EDUCATION

JUDGEMENT

(1.) The petitioner, who is working as an HSA (Maths) in Cherupuzha High School, Kannur, has approached this Court impugning Exts.P2,P3,P7,P9 and P10 orders, as per which, her approval in the post of UPSA with effect from 03.06.2013 has been rejected for the sole reason that the approval of promotion of the earlier incumbent, a certain Smt.Jiji K. Abraham, had not been approved by the Educational Authorities until then.

(2.) The petitioner says that, as is clear from Ext.P6 proceedings of the District Educational Officer (DEO), dated 05.02.2020, the promotion of Smt.Jiji K. Abraham has been approved with effect from 01.06.2015 and therefore, that the impugned orders have no legs to stand on. She, therefore, prays that said orders be set aside and the 4th respondent-Assistant Educational Officer (AEO), be directed to reconsider her proposal for approval and grant her the same within a time frame to be fixed by this Court.

(3.) In response to the afore submissions made on behalf of the petitioner by her learned counsel, Sri.Jojo Joseph, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that the only reason why the petitioner's approval has been rejected was because the Educational Authorities had earlier approved the promotion of Smt.Jiji K. Abraham only until 31.05.2015, while the petitioner had been appointed up to 31.05.2016. She, however, submitted that going by Ext.P6 order of the DEO, approval of Smt.Jiji K. Abraham has been ordered from 01.06.2015 also and therefore, that normally there would have been no legal impediment in considering the proposal for appointment of the petitioner affirmatively. She then added that the impugned orders have been issued in the present manner because Ext.P6 order has not reached the office of the AEO and that he has, on being aware of the same through this Writ Petition, sought for the copy of the same from the office of the DEO. She submitted that as soon as the said order is received by the DEO, necessary action with respect to the approval of the petitioner's appointment will be taken.